The UK & Notified Bodies after we leave the EU- IMPORTANT

4th Dec 2017

If the UK do not have notified body, the possible scenarios may be

Type Approvals-(Module B)
Instruments placed on the European single market will continue to need to have a European Type Approval. This will apply to instruments that are placed on the Irish market and many UKWF members operate in that market. To comply with this legislation it will be necessary to have a type approval from a European Notified Body.

Ian is of the opinion that it is likely EU type approvals can continue to be used in the UK until they expire, and then they will have to be replaced with UK versions. It is probable that this will be an administrative procedure but this cannot be guaranteed. The UKWF are working closely with the UK Government to understand how this process could work.

This will of course be dependent upon the outcomes of the negotiations and whether or not there is a UK notified body.

Self-Verification Approvals (Module D)
This is a more pressing problem as these approvals are "renewed" annually and will therefore expire within a maximum of 12 months of our departure from the EU. Those members that wish to continue to place instruments on the market in member states, including Ireland will need to have a module D approval from a European notified body.

It is not clear if an approval from a European notified body will allow us to continue to verify instruments in the UK. It is possible that it will be necessary to obtain a UK approval under section 11A of the Weights and Measures Act after any EU approval has expired. This will come from the NMO (RD). If such a scenario arises, the UKWF are working hard to ensure that this is an administrative process and does not create an unnecessary administrative burden.

The most pressing issue is the re-verification after repair of weighing instruments. This can only be carried out by a manufacturer approved by a UK notified body. Assuming that the UK do not have such a body after we leave the EU the authority to undertake re-qualification after repair will disappear on day 1 of leaving the EU. This will leave a legislative vacuum as soon as an instrument needs to reverified after we depart from the EU.

The UKWF have raised this matter urgently with BEIS and we await their response.